West states that Activision has said "He [West] orchestrated his own firing" and then went on to say that he "will never forget that." Zampella then added on, saying "We're geniuses, apparently."

According to the attorney for West and Zampella, Robert Schwartz, the claim Activision is now using against the duo is that an unknown "expert" noted that had the rest of the Infinity Ward team been around to work on Modern Warfare 3 instead of being fired by Activision, the game would've made more of a turnover for Activision. They accuse West and Zampella of "orchestrating" the entire situation which led to employees being fired.

Schwartz goes on to say that George Rose, head lawyer for Activision, asked Thomas Fenady, an IT specialist at Activision, to break into the computers of West and Zampella to uncover anything that Activision could use to fire them. This was "Project Icebreaker". Fenady would be doing this under full authority from Bobby Kotick, and Fenady has himself testified to doing this.

The trial has been delayed to June 1st, which is where we can see this play out in court.